New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 39

39 General effect of order

(1) On the making of the parentage order in relation to a child:

(a) the child becomes a child of the intended parent or parents named in the order and they become the parents of the child, and

(b) the child stops being a child of a birth parent and a birth parent stops being a parent of the child.

(2) Accordingly:

(a) the child of the surrogacy arrangement has the same rights in relation to the intended parent or parents named in the order as a child born to the parent or parents, and

(b) the intended parent or parents named in the order have the same parental responsibility as the birth parent had before the making of the order.

Note : For example, for the purposes of a distribution on intestacy, a child of a surrogacy arrangement is regarded as a child of the intended parent or parents named in the order and the child's family relationships are determined accordingly. See section 109A of the Succession Act 2006 .

(3) Other relationships are determined in accordance with subsection (1).

(4) However, for the purposes of any law of New South Wales relating to a sexual offence (being a law for which the relationship between persons is relevant), any relationship that would have existed if a parentage order had not been made continues to exist for the purposes of that law in addition to any relationship that exists under this section by virtue of the order.